Gestetner (India) Ltd. v. Asstt. CIT

INCOME TAX ACT, 1961

--Applicability--Jurisdictional defectNon-existence of person being assessee during related period----Where assessment order had been passed on in the name of amalgamated company, which was not in existence during the assessment year, such an order could not be cured under section 292B for this was a case of jurisdictional defect and not of procedural irregularity.--Assessee company was merged with other company w.e.f. 1-4-2005. The AO had passed assessment order for assessment years 2003-04 and 2004-05 of such amalgamated company. As, for the period of aforesaid assessment years, the amalgamated company was not in existence. AO intended to cure this defect under section 292B. Held: Provisions of section 292B were not applicable in the present case. Framing of assessment against a non-existing person goes to the root of the matter which was not a procedural irregularity but a jurisdictional defect. Section 292B was not applicable in this case.